Tomas Leszczynski et al v. Kitchen Cube LLC et al
| Tomas Leszczynski |
| Richard P. Clem, Kitchen Cube LLC, Timothy A. Duffy, Altamatic LLC, Insider Goods LLC, Randall Toltz, Tyler Ruble and Dylan Spencer |
| 8:2023cv01698 |
| September 13, 2023 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Autumn D Spaeth |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 61 OBJECTION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT OR, IN THE ALTERNATIVE, TO QUASH SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 12(B)(2), (5) AND (6) #44 Objection to Tyler Ruble's Request for Judicial Notice, Document 46, filed by Plaintiff Tomas Leszczynski. (Attachments: #1 Exhibit Exhibit AA, #2 Exhibit Exhibit AB)(Leszczynski, Tomas) |
| Filing 60 OBJECTION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(2), 12(B) (6) #45 Objection to Kitchen Cube LLC's Request for Judicial Notice, Document 47, filed by Plaintiff Tomas Leszczynski. (Attachments: #1 Exhibit Exhibit AA, #2 Exhibit Exhibit AB)(Leszczynski, Tomas) |
Filing 59
TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING MOTION TO DISMISS (ECF No. #51 ) by Judge Maame Ewusi-Mensah Frimpong: The Court, on its own motion, continues the Motion from February 8, 2024 to April 4, 2024 at 10:00 a.m. before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
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| Filing 58 OBJECTION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) #51 filed by Plaintiff Tomas Leszczynski. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Proposed Order Proposed Order)(Leszczynski, Tomas) |
| Filing 57 OBJECTION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(2), 12(B) (6) #45 filed by Plaintiff Tomas Leszczynski. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Proposed Order Proposed Order)(Leszczynski, Tomas) |
| Filing 56 OBJECTION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT OR, IN THE ALTERNATIVE, TO QUASH SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 12(B)(2), (5) AND (6) #44 filed by Plaintiff Tomas Leszczynski. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Proposed Order Proposed Order)(Leszczynski, Tomas) |
| Filing 55 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tomas Leszczynski, upon Defendant Altamatic LLC acknowledgment sent by Plaintiff on 10/24/2023, answer due 11/14/2023. Acknowledgment of Service signed by Bonnie Hebert, Agent. (Leszczynski, Tomas) |
| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance, #49 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 52 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court hereby continues the Motion to Dismiss Case, or in the Alternative, to Quash Service of Process Pursuant to Fed. R. Civ. P. 12(B)(2), (5), and (6) filed by Defendant Tyler Ruble #44 and Motion to Dismiss Case, or in the Alternative, to Quash Service of Process Pursuant to Fed. R. Civ. P. 12(B)(2), (5), and (6) filed by Defendant Kitchen Cube LLC #45 to 04/04/2024, at 10:00 AM. Counsel shall take notice of this new date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY |
| Filing 51 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) filed by Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Dylan Spencer, Randall Toltz. Motion set for hearing on 2/8/2024 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order) (Krich, Troy) |
| Filing 50 NOTICE of Interested Parties filed by Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Dylan Spencer, Randall Toltz, (Krich, Troy) |
| Filing 49 NOTICE of Appearance filed by attorney Troy B Krich on behalf of Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Dylan Spencer, Randall Toltz (Attorney Troy B Krich added to party Altamatic LLC(pty:dft), Attorney Troy B Krich added to party Timothy A. Duffy(pty:dft), Attorney Troy B Krich added to party Insider Goods LLC(pty:dft), Attorney Troy B Krich added to party Dylan Spencer(pty:dft), Attorney Troy B Krich added to party Randall Toltz(pty:dft))(Krich, Troy) |
| Filing 48 Notice of Interested Parties filed by Defendants Kitchen Cube LLC, Tyler Ruble. (Leff, Randall) |
| Filing 47 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(2), 12(B) (6) #45 filed by Defendant Kitchen Cube LLC. (Leff, Randall) |
| Filing 46 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT OR, IN THE ALTERNATIVE, TO QUASH SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 12(B)(2), (5) AND (6) #44 filed by Defendant Tyler Ruble. (Leff, Randall) |
| Filing 45 NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(2), 12(B) (6) filed by Defendant Kitchen Cube LLC. Motion set for hearing on 2/8/2024 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration Declaration of Elliot Z. Chen, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Proposed Order (PROPOSED) ORDER GRANTING KITCHEN CUBE'S MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIF. P. 12(B)(2) AND (6)) (Leff, Randall) |
| Filing 44 NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT OR, IN THE ALTERNATIVE, TO QUASH SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 12(B)(2), (5) AND (6) filed by Defendant Tyler Ruble. Motion set for hearing on 2/8/2024 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration Declaration of Elliot Z. Chen, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Declaration Declaration of Tyler Ruble, #16 Proposed Order (Proposed) Order Granting Tyler Ruble's Motion to Dismiss Complaint Or, In the Alternative to Quash Service of Process) (Leff, Randall) |
| Filing 43 REQUEST TO SUBSTITUTE ATTORNEY Randall S. Leff in place of attorney Timothy A. Duffy filed by Defendant Kitchen Cube LLC. (Attachments: #1 Proposed Order) (Leff, Randall) |
| Filing 42 REQUEST TO SUBSTITUTE ATTORNEY Randall S. Leff in place of attorney Timothy A. Duffy filed by Defendant Tyler Ruble. (Attachments: #1 Proposed Order) (Leff, Randall) |
| Filing 41 REQUEST TO SUBSTITUTE ATTORNEY Randall S. Leff in place of attorney Mark E. Hankin filed by Defendant Kitchen Cube LLC. (Attachments: #1 Proposed Order) (Attorney Randall S. Leff added to party Kitchen Cube LLC(pty:dft)) (Leff, Randall) |
| Filing 40 REQUEST TO SUBSTITUTE ATTORNEY Randall S. Leff in place of attorney Mark E. Hankin filed by Defendant Tyler Ruble. (Attachments: #1 Proposed Order) (Attorney Randall S. Leff added to party Tyler Ruble(pty:dft)) (Leff, Randall) |
| Filing 39 SUPPLEMENT to Notice and Acknowledgment of Service (CV-21) Executed, #26 filed by Plaintiff Tomas Leszczynski. (Leszczynski, Tomas) |
| Filing 38 SUPPLEMENT to Notice and Acknowledgment of Service (CV-21) Executed, #18 filed by Plaintiff Tomas Leszczynski. (Leszczynski, Tomas) |
| Filing 53 CERTIFICATE of Interested Parties filed by Defendant Richard P. Clem, identifying Other Affiliate Altamatic LLC, Other Affiliate Insider Goods LLC, Other Affiliate Timothy Ruble, Other Affiliate Randall Toltz, Other Affiliate Dylan Spencer for Richard P. Clem. (yl) |
| Filing 36 REPLY filed by Plaintiff Tomas Leszczynski to Objection, #33 , APPLICATION of Non-Resident Attorney Timothy A. Duffy to Appear Pro Hac Vice on behalf of Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Kitchen Cube LLC, Tyler Ruble, Dylan Spencer (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. A #30 , Response #35 Second Reply to Proposed Order (Leszczynski, Tomas) |
| Filing 37 CERTIFICATE of Interested Parties filed by Defendant Richard P. Clem. (yl) |
| Filing 35 RESPONSE filed by Defendant Timothy A. Duffyto Objection, #33 (Attachments: #1 Declaration of Timothy A. Duffy and Exhibits A-B)(Hankin, Marc) |
| Filing 34 PROOF OF SERVICE filed by Plaintiff Tomas Leszczynski, re Objection, #33 , Reply #32 served on 10/15/2023. (Leszczynski, Tomas) |
| Filing 33 OBJECTIONS to APPLICATION of Non-Resident Attorney Timothy A. Duffy to Appear Pro Hac Vice on behalf of Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Kitchen Cube LLC, Tyler Ruble, Dylan Spencer (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. A #30 filed by Plaintiff Tomas Leszczynski. (Leszczynski, Tomas) |
| Filing 32 REPLY filed by Plaintiff Tomas Leszczynski to Answer to Complaint (Discovery) #20 (Leszczynski, Tomas) |
| Filing 31 PROOF OF SERVICE filed by Plaintiff Tomas Leszczynski, served on 10/14/2023. (Leszczynski, Tomas) |
| Filing 30 APPLICATION of Non-Resident Attorney Timothy A. Duffy to Appear Pro Hac Vice on behalf of Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Kitchen Cube LLC, Tyler Ruble, Dylan Spencer (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36221000) filed by Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Kitchen Cube LLC, Tyler Ruble, Dylan Spencer. (Attachments: #1 Proposed Order) (Hankin, Marc) |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Marc E. Hankin counsel for Defendants Altamatic LLC, Timothy A. Duffy, Insider Goods LLC, Kitchen Cube LLC, Tyler Ruble, Dylan Spencer. Adding Marc E. Hankin as counsel of record for Kitchen Cube LLC, Timothy A. Duffy, Altamatic LLC, Insider Goods LLC, Tyler Ruble, Dylan Spencer for the reason indicated in the G-123 Notice. Filed by Defendants Kitchen Cube LLC, Timothy A. Duffy, Altamatic LLC, Insider Goods LLC, Tyler Ruble, Dylan Spencer. (Attorney Marc E. Hankin added to party Altamatic LLC(pty:dft), Attorney Marc E. Hankin added to party Timothy A. Duffy(pty:dft), Attorney Marc E. Hankin added to party Insider Goods LLC(pty:dft), Attorney Marc E. Hankin added to party Kitchen Cube LLC(pty:dft), Attorney Marc E. Hankin added to party Tyler Ruble(pty:dft), Attorney Marc E. Hankin added to party Dylan Spencer(pty:dft))(Hankin, Marc) |
| Filing 26 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tomas Leszczynski, upon Defendant Insider Goods LLC acknowledgment sent by Plaintiff on 9/29/2023, answer due 10/20/2023. Acknowledgment of Service signed by Agent, Agent at the address. (Leszczynski, Tomas) |
| Filing 25 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tomas Leszczynski, upon Defendant Randall Toltz acknowledgment sent by Plaintiff on 10/3/2023, answer due 10/24/2023. Acknowledgment of Service signed by Randal Toltz, self. (Leszczynski, Tomas) |
| Filing 24 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tomas Leszczynski, upon Defendant Timothy A. Duffy acknowledgment sent by Plaintiff on 10/3/2023, answer due 10/24/2023. Acknowledgment of Service signed by Timothy Duffy, self. (Leszczynski, Tomas) |
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Filing 23
ORDER SETTING SCHEDULING CONFERENCE by Judge Maame Ewusi-Mensah Frimpong. Scheduling Conference set for 1/11/2024 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (kd)
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| Filing 22 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tomas Leszczynski, upon Defendant Richard P. Clem acknowledgment sent by Plaintiff on 10/4/2023, answer due 10/25/2023. Acknowledgment of Service signed by Richard Clem, self. (Leszczynski, Tomas) |
| Filing 28 PROOF OF SERVICE filed by Plaintiff Richard P. Clem. (yl) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Discovery) #20 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. Other error(s) with document(s): The Certificate of Interested Parties shall be filed on or before 10/14/2023. (yl) |
| Filing 20 ANSWER OF DEFENDANT RICHARD P. CLEM #1 filed by defendant Richard P. Clem.(yl) |
| Filing 19 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tomas Leszczynski, upon Defendant Tyler Ruble acknowledgment sent by Plaintiff on 10/2/2023, answer due 10/23/2023. Acknowledgment of Service signed by Mau Jo Kofles, Agent. (Leszczynski, Tomas) |
| Filing 18 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tomas Leszczynski, upon Defendant Kitchen Cube LLC acknowledgment sent by Plaintiff on 10/2/2023, answer due 10/23/2023. Acknowledgment of Service signed by EKMAN, Registered Agent of LLC. (Leszczynski, Tomas) |
| Filing 27 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Tomas Leszczynski. (yl) |
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Filing 17
ORDER by Judge Maame Ewusi-Mensah Frimpong: granting #3 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (rolm)
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| Filing 16 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. This matter has been assigned to District Judge Maame Ewusi-Mensah Frimpong. The Court refers counsel to the Court's Initial Standing Order found on the Court's website under Judge Frimpong's Procedures and Schedules. Please read the Standing Order carefully. It is the responsibilities of the parties to maintain familiarly with the Standing Order and any future amendments that the Court may issue by periodically checking the Court's website for the operative version of the Standing Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 15 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (sh) |
| Filing 14 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 13 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 12 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Autumn D. Spaeth. (sh) |
| Filing 11 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Dylan Spencer. (sh) |
| Filing 10 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Tyler Ruble. (sh) |
| Filing 9 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Randall Toltz. (sh) |
| Filing 8 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Insider Goods LLC. (sh) |
| Filing 7 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Altamatic LLC. (sh) |
| Filing 6 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Timothy A. Duffy. (sh) |
| Filing 5 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Kitchen Cube LLC. (sh) |
| Filing 4 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Richard P. Clem. (sh) |
| Filing 3 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Tomas Leszczynski. (sh) |
| Filing 2 Certification and Notice of Interested Parties filed by Plaintiff Tomas Leszczynski, (sh) |
| Filing 1 COMPLAINT against Defendants Altamatic LLC, Richard P. Clem, Timothy A. Duffy, Insider Goods LLC, Kitchen Cube LLC, Tyler Ruble, Dyland Spencer, Randall Toltz.Case assigned to Judge Maame Ewusi-Mensah Frimpong for all further proceedings. Discovery referred to Magistrate Judge Autumn D. Spaeth.(Filing fee $ 402 FEE PAID) Jury Demanded., filed by Plaintiff Tomas Leszczynski. (Attachments: #1 Civil Cover Sheet) (sh) |
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